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Royal Oak Needs Help Understanding MI Firearm Preemption Law...

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Venator

Anti-Saldana Freedom Fighter
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Lansing area, Michigan, USA
Congressmen? They have nothing to do with state law - focus on contacting the rep of your city or state re city or state laws, respectively.

I'm sure he meant his state reps. The state does have a "congress" of lawmakers though so his statment is correct..
 

TheQ

Regular Member
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3,379
Location
Lansing, Michigan
Congressmen? They have nothing to do with state law - focus on contacting the rep of your city or state re city or state laws, respectively.

I'm thought the same thing, but I'm assuming he meant state rep or senator since he said: in Lansing...
 

PDinDetroit

Regular Member
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Jun 20, 2009
Messages
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Location
SE, Michigan, USA
The following is what I sent to the Royal Oak City Officials on this item:

The Honorable Mayor, Jim Ellison
Donald E. Johnson, City Manager
David Gillam, City Attorney
Michael Andrzejak, City Commissioner
Patricia Capello, City Commissioner
Terry Drinkwine, City Commissioner
David J. Poulton, City Commissioner
Jim Rasor, City Commissioner
Charles Semchena, City Commissioner
City of Royal Oak, MI

I am writing you today in regards to Commission Letter #348-10. I have included information provided in previous communications.

Thank you for addressing the Royal Oak Civil Emergencies Ordinance (251-5). I have concerns with proposed changes as shown on page three (3) of this letter, detailed by the following:

1. Proposed Ordinance Provision 251-5 A7 (previously 251-5 G) conflict with Michigan Firearm Preemption Law (MCL 123.1102) in terms of Sale and Transfer of Firearms and Ammunition.

2. Proposed Ordinance Provision 251-5 A8 (previously 251-5 H) is in conflict with Michigan Firearm Preemption Law (MCL 123.1102) in terms of Sale and Transfer of Firearms and Ammunition.

For reference purposes, I have included the text of the Michigan Firearm Preemption Law (MCL 123.1102):

123.1102 Regulation of pistols or other firearms.
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

While I applaud the change to bring Royal Oak Civil Emergencies Ordinance (251-5) into line with what is allowable under the Michigan Emergency Powers of Governor (MCL 10.31), I believe the original conflict raised with Michigan Firearm Preemption Law (MCL 123.1102) has yet to be addressed.

Please contact me with any questions about this information.

Sincerely,

PDinDetroit

cc:
Christopher M Jahnke
 

PDinDetroit

Regular Member
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Harry25 and I were at the meeting, we both spoke on the Civil Emergencies Ordinance Changes. Kudos to the Royal Oak City Commissioners for voting to send this back for re-work (they only wanted to pass an ordinance that would be in agreement with State Law). The City Attorney admitted that this was part of End-Of-Year cleanup and that he missed the parts we mentioned.

Harry25 is a great guy, it was good to meet him.

On a side note, Commissioner Drinkwine was his usual animated self. I find it ironic that he is the Chairperson for the Royal Oak Liquor Control Committee...
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
Harry25 and I were at the meeting, we both spoke on the Civil Emergencies Ordinance Changes. Kudos to the Royal Oak City Commissioners for voting to send this back for re-work (they only wanted to pass an ordinance that would be in agreement with State Law). The City Attorney admitted that this was part of End-Of-Year cleanup and that he missed the parts we mentioned.

Harry25 is a great guy, it was good to meet him.

On a side note, Commissioner Drinkwine was his usual animated self. I find it ironic that he is the Chairperson for the Royal Oak Liquor Control Committee...

its a dream job for him. and he has a perfect name, didn't someone once say that you do what you are? some famous quote out of the nether regions of history??

I still love your avatar! That was exactly how he was tonight. I just do not think he is capable of not acting that way. The gist of what he was saying was "you mean to tell me that we are not in control? My Gawd!"

I will have to post the video link when it is up...

please do. :shocker:
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
I will have to look up the definition of explosives in MI law just for Mr. Drinkwine. Here it is!

http://legislature.mi.gov/doc.aspx?mcl-29-42

MCL 29.42 said:
(a) “Explosive” means blasting powder, nitroglycerine, dynamite, TNT and any other form of high explosive, blasting material, fuse other than an electric circuit breaker, detonator and other detonating agent, a chemical compound or mechanical mixture containing oxidizing or combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion or other means of detonation of the compound or mixture or any part thereof may result in the sudden generation and release of highly heated gases or gaseous pressures capable of producing effects damaging or detrimental to or destructive of life, limb or property. An explosive does not include gasoline, kerosene, naphtha, turpentine, butane, propane, wet nitrocellulose or wet nitrostarch containing moisture in excess of 20%, or wet picric acid containing moisture in excess of 10%; or manufactured article such as fixed ammunition for small arms, fire crackers, safety flares or matches containing an explosive in such limited quantity that the collective and simultaneous detonation thereof is incapable of resulting in the sudden generation and release of highly heated gases or gaseous pressures capable of producing effects damaging or detrimental to or destructive of life, limb or property.
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
technically he is right, a small controlled explosion is what propells the projectile from the barrel, and actually there are 2 explosions the firing pins ignites the primer which in turn ignites the powder charge, which then sends the bullet down the barrel. so just this once the stars have aligned, and the planets have fallen into sync and mr. drinkwine has pulled out the right answer without really ever understanding the question.

:banana:
 
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